IMPACT OF JOINT CUSTODY ON CIVIL LIABILITY FOR COMBATING PARENTAL ALIENATION

Abstract

Recent legal scholarship and case law have emphasized that joint custody is the most effective measure for preventing parental alienation, as it assigns co-responsibility to both parents for their children's upbringing and education. Given this context, this study aimed to discuss how joint custody can prove useful and effective in combating parental alienation. It was based on a literature review drawing upon scientific articles, books, journals, and current legislation regarding the subject. Data collection was conducted using databases such as SciELO and Google Scholar, among others, covering the period from 2021 to 2026. The results demonstrated that joint custody has become the established rule within the Brazilian legal system, recognized as a significant mechanism for maintaining emotional bonds and reducing alienating practices, although its effectiveness depends on cooperation between the parents. It was further observed that parental alienation can lead to serious legal and psychological consequences, potentially triggering judicial measures and even civil liability for the alienating parent, provided the legal requirements for an illicit act are met. The study concludes that the integration of joint custody and civil liability represents a significant advancement in the protection of family relationships; it promotes not only the reparation of damages but also the prevention of harmful conduct, reaffirming the centrality of human dignity and the best interests of the child as essential foundations of contemporary family law.